PHC suspends Centre’s notification on automatic arms licences

PESHAWAR: The Peshawar High Court (PHC) on Wednesday suspended the federal government’s notification about cancellation of automatic (prohibited) bore weapons’ licences issued to public across the country a few days ago.

A division bench comprising Justice Qalandar Ali Khan and Justice Muhammad Ayub Khan issued stay order on implementation on the Ministry of Interior’s notification to the public through an advertisement imposing ban on prohibited weapons.

The bench also sought reply from the federal government through Ministry of Interior within 14 days.

The court issued the stay order in a writ petition filed by Sanaullah Khan through his lawyers Zahidullah Zahid and Taimur Khan Afridi.

The federal government through Ministry of Interior, on December 26, 2017 had given 36 days deadline till January 31, 2018, to the 90,000 legal weapon holders to get these weapons converted to semi-automatic or sell them to the government for a sum of Rs50,000 each or else the licences would be cancelled and weapons would become illegal subject to action against licence holders.

During hearing, the petitioner’s lawyer Zahidullah Zahid submitted before the bench that the petitioner is a practicing lawyer and he was granted a computerised licence of 7.62 bore rifle by Nadra for his protection.

He submitted that the petitioner in December 2016 applied for the renewal of one of his licences at Nadra arms licences issuance centre and his licence was renewed for five years up to 2021.

The lawyer submitted that the petitioner has movable and immovable property and he needs the automatic weapons for his protection as sometimes he has to go to far-flung areas of KP and Malakand division.

Secondly, he said the law and order situation is poor in KP and recently many lawyers were killed in target killings even in Peshawar.

The lawyer argued that the people of Pakistan are mostly under constant attacks of those terrorists, who are not even Pakistani nationals and operate from outside Pakistan.

“Pakistan and KP province are war zone and Unites Nations Defence (UNDSS) has declared KP and its capital Peshawar to be in hazardous category 2, and a non-duty station for its staff members,” the petition stated.

It was further stated that the tenure of the present government is about to end and it had developed an arms control policy in 2012 and had done re-verification of all the weapons across the country at both federal and provincial levels.

It said that the federal government on December 26, 2017 issued a general order suspending all the licences regarding prohibited bores granted by the ministry of Interior.

The petitioner said the present notification is unlawful and without lawful authority and thus be declared as void. Chairman of Nadra, chief secretary and IG police KP were made parties in the petition.